The leaves are changing, the clocks just changed and, not to be forgotten in the spirit of fall, Oklahoma’s system for reporting and tracking campaign and lobbyist activity is changing, too.
For the past two years, the Oklahoma Ethics Commission has been working to replace its Guardian system, the online portal that candidates, political action committees and lobbyists use to file financial disclosures and other information documenting their activities. After the software supporting the old Guardian system was deemed obsolete by its developer, the Ethics Commission embarked on a plan to replace it with an updated platform, which is now — sort of — live after several delays.
Two full months after its targeted launch date, Guardian 2.0 remains in its Beta phase, meaning code kinks and user experiences are being worked out before the platform assumes full functionality. During this time, filers can register and submit reports, but what the commission calls “information seekers” must contact ethics@ethics.ok.gov to request access to public records of current or past filings.
With a lengthening list of candidates already campaigning heavily for #election2026, the fact details about committee registrations and end-of-quarter fundraising/expense reporting remain unavailable has become a growing paint point around the Oklahoma State Capitol.
But even with Guardian 2.0 thus far unable to display the activities of Oklahoma’s political players, there are still plenty of public interest items worth your attention. This roundup includes the latest on a couple of Oklahoma’s alleged swindlers, including a breakdown of the Oklahoma Court of Criminal Appeals ruling in favor of a man one judge acknowledged was something of a “conman.” (Of course, all people are entitled to the rights granted to them by law, con artist or not.)
Below, you will also find updates from court systems throughout the state — including how the government shutdown is affecting the federal judiciary — and the latest on a controversial state question initiative that would transform Oklahoma’s primary system.
OKDHS furloughs begin amid federal shutdown
In an interview Oct. 30, Gov. Kevin Stitt confirmed that some employees at the Oklahoma Department of Human Services are beginning furloughs as an attempt to mitigate federal funding interruptions amid congressional stalemate.
“Basically, we didn’t touch anybody under $50,000 a year — the frontline caseworkers,” Stitt said. “We didn’t want to disrupt any of them. From [$50,001 to $100,000] a year employees, we said, ‘Hey, we want you to furlough two days in a pay period.’ (…) Over $100,000 which I think is just a handful of people, they’re furloughed for load three days every two weeks. So we didn’t want to disrupt anything, and we don’t think, quite frankly, that some of the higher-paid office workers will feel anything for them not being paid two days and three days on a two week period. So that’s kind of how we approached it.”
Stitt has asked state agency leaders to calculate and send his office snapshots of their federal funding with an eye toward how services would be prioritized if the federal shutdown continues.
“We’re already at $38 trillion now on our national debt. So we’re going to — over time, I believe the federal government is going to have to slow down on their spending. States are going to have to figure out how to prioritize some of those things,” Stitt said. “So I’ve been working on a plan, an Oklahoma plan, to say, if the feds cut us 20 percent, what can we do? How do we prioritize the age, blind, disabled, pregnant women and children and maybe the working poor? You’re going to have to get a job. You’re gonna have to work 80 hours a week. We can’t fund every single program, and that’s a conversation Americans have to have But Oklahoma, we’re in much such better shape than California or Chicago or anywhere else, but that is a conversation that we will have to have.”
Federal court districts face uncertain slowdowns
The Administrative Office of the U.S. Court announced federal courts no longer had funding to “sustain full, paid operations” beginning Oct. 20 owing to the 2025 federal government shutdown. The funding lapse means employees of the judicial branch will either continue to work without pay or be furloughed.
How the funding lapse will affect each individual case is left up to the discretion of judges.
“Each appellate, district, and bankruptcy court will make operational decisions regarding how its cases and probation and pretrial supervision will be conducted during the funding lapse,” a federal press release announced. “Each court and federal defender’s office will determine the staffing resources necessary to support such work.”
Interested parties may still view updated case information on PACER, but the Administrative Office of the U.S. Court’s public telephone and mailroom will not be staffed. The chief judges of Oklahoma’s Eastern, Western, and Northern district courts may issue general orders providing more details on how their district is handling the shutdown.
Court of Criminal Appeals limits McGirt to federally recognized tribes
In a unanimous decision, the five judges of the Oklahoma Court of Criminal Appeals held the effects of the U.S. Supreme Court’s McGirt v. Oklahoma decision were limited to members of federally recognized tribes. The holding rejected an appeal from Cody Leaon Bertrand — a member of the Sac and White River Bands of the Chickamauga Cherokee Nation (a nonprofit organization, despite its governmental name) — who argued Oklahoma lacked jurisdiction over Indians who are members of federally unrecognized tribes.
“Without the relationship between the tribe and the federal government, there is no jurisdiction under the [Major Crimes Act],” Judge Scott Rowland wrote. “Based on the foregoing, we clarify that our Indian status test requires the defendant to show that (1) he or she has some quantum of Indian blood; and (2) he or she is a member of, or affiliated with, a federally recognized tribe.”
The decision clarifies that Oklahoma’s state courts have criminal jurisdiction over Indigenous persons who are not affiliated with a federally recognized tribe — meaning a tribe possessing a government-to-government relationship with the U.S. federal government. Tribes in the U.S. typically fall into one of three categories: federally recognized tribes, state recognized tribes and unrecognized tribes.
Federal recognition requires a tribe to be officially recognized by a branch of the federal government. The executive branch may recognize a tribe through a lengthy Bureau of Indian Affairs recognition process, while Congress may pass legislation recognizing a tribe. Federal courts could theoretically recognize a tribe, but only by finding that another branch’s actions recognized the tribe.
State recognition of a tribe is handled by state governments and does not provide any of the benefits of federal recognition, but it may provide benefits or privileges on the state level. Typically, unrecognized tribes and state-recognized tribes are legally organized as nonprofits and lack sovereign immunity.
The Sac and White River Bands of the Chickamauga Cherokee Nation purport to trace their lineage to a Cherokee man named Gardner Green, according to the Cherokee Phoenix. Cherokee genealogist Twila Barnes argues none of the group is actually descended from Green and traces their origin to a schism in the Northern Cherokee Nation of the Old Louisiana Territory, a nonprofit formed in Missouri in 1982.
“Please remember, the heirs of Gardner Green on the 1835 (census) are known and NONE of these people are actually descended from him,” Barnes wrote on her blog.
The judges on Oklahoma’s highest criminal court accepted the testimony of the unrecognized tribes’ leadership as to Bertrand’s purported “Indian blood quantum.” Certificates of Degree of Indian Blood are issued by the Bureau of Indian Affairs and are usually required to show Indian blood, but the court appeared to accept Bertrand was an Indian based on testimony and other evidence. The court has previously held a DNA test is not sufficient evidence of Indian blood.
“We agree the evidence showed that Bertrand has Indian blood and that he was an enrolled member of the Chickamauga Tribe when the charged offenses occurred,” Rowland wrote. “Nevertheless, because his tribe is not on the BIA list of federally recognized tribes, we find the trial court did not err in finding Bertrand failed to satisfy the requirements of the second prong of the Indian status test.”
OCCA: Failure to notify client of a plea offer can be ineffective assistance of counsel
The Oklahoma Court of Criminal Appeals ordered the District Court of Oklahoma County to withdraw the guilty plea of Christopher Mitchell and allow him the opportunity to accept or reject a plea agreement the state had previously offered, and withdrawn, that would see him serve a 15-year suspended sentence and pay $200,000 in restitution.
Mitchell was arrested in 2020 for “renting out and selling properties he no longer owned,” according to KFOR. In 2024, he entered a blind plea agreement and was sentenced to 10 years in prison.
Less than a week after his plea, Mitchell attempted to withdraw his plea and argued that he only pleaded owing to ineffective assistance of counsel. He argued that his defense attorney had failed to notify him of a plea offer for a 15-year suspended sentence if he repaid $200,000 in restitution. The trial court denied his motion to withdraw his blind plea, and Mitchell appealed the decision.
Oklahoma’s highest criminal court agreed with Mitchell, finding that he showed both “deficient performance and resulting prejudice” from the attorney in line with the U.S. Supreme Court’s 1983 decision in Strickland v. Washington.
“The record clearly shows that (the) petitioner’s attorney did not make a meaningful attempt to inform him of the state’s final plea offer before the offer expired. Counsel’s representation ‘fell below an objective standard of reasonableness,'” Judge Robert Hudson wrote for the majority. “Third and finally, had petitioner been afforded effective assistance of counsel, there is ‘a reasonable probability that the end result of the criminal process would have been more favorable by reason of a plea (…) to less prison time.'”
Presiding Judge Gary Lumpkin was the lone dissenter, concurring in finding ineffective assistance of counsel, but dissenting on the remedy, arguing the court should have remanded the case back to the trial court.
“The rest of the record seems to confirm the nature of this petitioner as that of an ’embezzler’ or a ‘conman.’ He appears to have been manipulating his case from the beginning,” Lumpkin wrote. “This court should not be involved in determining sentencing options available to the trial court. Therefore, under the facts of this case the writ should be granted thereby allowing petitioner to obtain counsel to effectively represent him in further proceedings of this case before the trial court.”
Signature gathering starts for State Question 836
In a controversial effort to revamp Oklahoma’s electoral process, organizers for State Question 836 began collecting signatures for their ballot initiative Oct. 29. Those efforts can run 90 days through Jan. 26, by which point at least 172,993 valid signatures from registered voters would need to be submitted to place the question before voters.
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Effort launched to open Oklahoma’s primary elections by Michael McNutt
SQ 836 would ditch Oklahoma’s closed primary election system in favor of an open system. That would allow all voters, regardless of party affiliation, to participate in all publicly-funded elections. For practical purposes in a deep-red state, the many elections decided in GOP primaries would suddenly be open to voters who are not registered Republicans. If SQ 836 is ultimately approved by voters, all candidates would appear on a single ballot with the top two candidates advancing to the general election.
“This is truly a grassroots effort,” former Sen. A.J. Griffin (R-Guthrie) said in a press release from proponents. “We have hundreds of volunteers preparing to spread out across the state over the next 90 days to give every Oklahoman a chance to sign and make their voice heard.”
Along with GOP officials and conservative groups, leading Republican candidates for governor of Oklahoma in 2026 have criticized SQ 836. Attorney General Gentner Drummond said he understands “why many Oklahomans are frustrated” with current partisanship, but he said he would “not support a California-style jungle primary.” Former House Speaker Charles McCall (R-Atoka) similarly sees french fries in SQ 836’s burrito, calling it “a California-style power grab, plain and simple.”
“It’s designed to flood our elections with big money and shut out conservative voices,” McCall said in a press release. “If you’re running as a Republican, prove it. Sign the pledge and stand with the people of Oklahoma.”
Throughout statehood, Oklahoma has frequently seen massive political supermajorities in its Legislature, with Democrats dominating the state for decades and Republicans quickly swinging the pendulum toward their far end of party politics over the last 20 years. As a result of that partisan history, Oklahomans long had to register as Democrats to participate in meaningful primary elections, and now they must register Republican to participate in the primaries where many races functionally are decided. Drummond and McCall, for instance, both have histories in Democratic politics, Drummond as a staffer for former U.S. Sen. David Boren and McCall as the mayor of Atoka.
The launch of SQ 836’s petition drive comes as State Question 837 organizers wind up their signature collection campaign, which is slated to conclude Tuesday, Nov. 4. That question would legalize marijuana for adult use by those age 21 and up. A similar effort to legalize marijuana for adult use failed in 2024 by a wide margin.
Retired military leaders thank Stitt for ‘principled defense’
In a letter dated Oct. 10, a group of retired four-star generals and service branch secretaries thanked Oklahoma Gov. Kevin Stitt for his “principled defense of state sovereignty and the apolitical nature of the National Guard.”
The group consisted of:
- Retired U.S. Navy Admiral Steve Abbot, former acting Homeland Security advisor to the president;
- Retired U.S. Coast Guard Admiral Thad Allen, 23rd commandant of the U.S. Coast Guard;
- Secretary Louis Caldera, 17th secretary of the Army;
- Retired U.S. Air Force Gen. Michael Hayden, second director of the CIA;
- Retired U.S. Air Force Gen. Craig McKinley, 26th chief of the National Guard Bureau;
- Secretary Sean O’Keefe, 69th secretary of the Navy; and
- Retired U.S. Navy Admiral Bill Owens, third vice chairman of the joint chiefs of staff
The military leaders referenced Stitt’s comments to The New York Times in an interview published Oct. 9, where Stitt criticized the interstate deployment of Texas National Guard troops to Chicago over the objections of Illinois Gov. J.B. Pritzker. The basis of Stitt’s disapproval stemmed from his belief in states’ rights.
“As a federalist believer, one governor against another governor, I don’t think that’s the right way to approach this,” Stitt said. “Oklahomans would lose their mind if Pritzker in Illinois sent troops down to Oklahoma during the Biden administration.”
The military leaders said Stitt’s remarks “underscored the importance of respecting state sovereignty and the constitutional framework that governs the use of the National Guard.”
“Your plain statement reaffirmed foundational principles that help maintain the Guard’s unique role in our system of government,” they wrote to Stitt. “Our nation’s founders came of age at a time when British soldiers patrolled the streets policing speech and commerce and rightly feared incursions by the central government into state affairs and military power unleashed on civil society. Our founding documents warned against the power of standing armies to suppress individual freedoms, seize private property, and otherwise dominate society.”
Stitt currently serves as chairman on the National Governors Association, a nonpartisan group that has made no official statement regarding Texas Gov. Greg Abbott’s authorization to deploy National Guard troops to Illinois. Stitt told The New York Times he does not believe it is the NGA’s role to weigh in on political decisions. Regardless, the group of military leaders called on other governors to take notes from Stitt on their own political stances.
“In order to maintain the apolitical nature of our Armed Forces and to preserve our federalist system, it is vital that other governors follow your lead and speak honestly about actions that violate core tenets of our country and exercise discretion to preserve the guard’s readiness to handle their primary missions,” they wrote. “The decision to deploy our men and women in uniform should never be motivated by politics. If we abandon this promise, we risk a dangerous erosion in the public’s well-earned trust in the National Guard, which could weaken the ability of the Guard to respond effectively to domestic emergencies.”
Stitt appoints judges in Creek, Tulsa, Carter counties …
Gov. Kevin Stitt has appointed three new judges across the state since mid-June, with at least one more appointment on the way. Judicial vacancies in Oklahoma are filled by the governor, but the list of applicants is vetted and narrowed by the Oklahoma Judicial Nominating Commission.
In Creek County, Robert Gretchell was appointed district judge June 26, replacing Douglas W. Golden, who retired in February. Gretchell was previously a GableGotwals shareholder who had served seven years on the Oklahoma Abstracters Board. He was selected over fellow applicants Philip James Cozzoni of Bristow, Timothy Wallen Daniel of Drumright and Jason Cornell Serner of Mannford.
In Tulsa County, Stitt appointed Matthew Chesbro as associate district judge Aug. 28, replacing Clifford Smith, who retired in May. Chesbro served as a special judge in Tulsa County before the appointment. He was selected over fellow applicants Nathan Wayne Smith and Guy W. Tucker Jr.
In Carter County, Stitt selected Carson Brooks to replace District Judge Dennis Morris, who retired Sept. 1. Brooks, formerly a Carter County special judge, took office Oct. 16 and was selected over attorney Tyler Akers and Associate District Judge Ryan Hunnicutt.
Brooks, of Ardmore, is an Oklahoma City University School of Law graduate who has worked in private practice and as an assistant district attorney.
… as the JNC vets applicants for Murray County
Eight applicants filed to be Murray County’s next associate district judge after Mark Melton resigned Sept. 30, only 19 months after Stitt had appointed him to the post.
To qualify for the office, applicants must be a registered voter of the district when they take office and have two years of experience practicing law in Oklahoma.
The Judicial Nominating Commission, which gained two new members this summer, will vet the eight applicants and narrow the pool down to three candidates that will be submitted to the governor.
The eight applicants are:
- Gregory Alan Barnard, of Ardmore, a private practice attorney;
- Lewis Arnold Berkowitz, of Edmond, a private practice attorney;
- Mary Elizabeth Clark, of Ardmore, a private practice attorney;
- Phillip Anthony Hurtt, of Oklahoma City, a private practice attorney;
- Kristin Ranell Jarman, of Pauls Valley, an administrative law judge;
- Rebecca Brewer Johnson, of Sulphur, a municipal judge;
- Brooks Ann Taylor, of Sulphur, a private practice attorney; and
- Travis Keith White, of Sulphur, a private practice attorney.
Taylor, who also appears to go by Brooks T. Ray, and White appear to work for the same law firm in Sulphur.
Comments regarding any judicial applicants may be submitted by mail to the JNC.
Oklahoma County detainee seriously injured during brief stay
An Oklahoma County Jail detainee booked into the facility for less than 24 hours was hospitalized following what his family has called a traumatic brain injury.
Antonio Hendricks, 18, was booked into the jail Oct. 10 after being pulled over by Oklahoma City Police for a traffic violation. During questioning by police, Hendricks was found to have a gun in his waistband and did not have a valid driver’s license, according to a report from KFOR.
His mother, Clovia Long, told KFOR her son had been inside the Oklahoma County Jail for 19 hours even though his bail had been posted. Long said jail staff told her it could take 24 to 48 hours for Hendricks to be released after bond was posted. Sometime during that period, Hendricks was injured and taken to Saint Anthony’s on Oct. 11.
“I was told by the physicians here at St. Anthony’s that Antonio was transported via EMSA and that it was the jail that called and released him to EMSA,” Long told KFOR.
Oklahoma County Jail spokesman Mark Opgrande said the incident is being investigated. The county jail has been one of the deadliest in the country over the last five years, with nearly 60 deaths at the facility since the Oklahoma County Criminal Justice Authority took over day-to-day operations in July 2020.
Bixby nonprofit founder indicted in federal CARES Act fraud case
An Oklahoma nonprofit operator accused of misusing pandemic relief funds and leaving behind piles of rotting food has been indicted in federal court.
The indictment filed in the Northern District of Oklahoma shows that Victor Kensington Colbert Jr., 60, owned and operated the nonprofit Oklahoma Heartland Heroes Foundation in Bixby.
Federal authorities arrested Colbert on Sept. 25, and a judge later ordered his release on a personal recognizance bond. He was released from custody Oct. 1, and he asked the court Friday for more time to review the U.S. Department of Justice’s case against him.
According to the indictment, Colbert submitted at least five federal relief applications under the CARES Act, which Congress enacted in March 2020 to assist small businesses during the COVID-19 pandemic. Prosecutors allege Colbert secured at least two Paycheck Protection Program loans and one Economic Injury Disaster loan advance, together totaling about $217,000.
Investigators claim Colbert falsified documentation showing Heartland Heroes had multiple employees with monthly payroll expenses exceeding $55,000. He said the funds would be used for payroll, mortgage payments, utilities and other business expenses.
Colbert and his nonprofit first drew scrutiny in 2021 after FOX 23 uncovered hundreds of boxes of spoiled food stacked behind a north Tulsa church. He told reporters then, “The organization had been working to feed people” and “sometimes food goes to waste.”
The U.S. Department of Agriculture confirmed to Fox 23 it had investigated Heartland Heroes and stopped providing food to the organization. Court filings also show the Tulsa Dream Center paid nearly $29,000 for holiday meats that were never delivered. When they pleaded and received deferred sentences, a state judge ordered Colbert and his wife, Penny, to repay the Dream Center and the church. But after sending one $79 check, they stopped paying the restitution, which prompted a motion to accelerate their suspended sentences by Tulsa County District Attorney Steve Kunzweiler and state arrest warrants.
